United States v. Fleming

Facts

On June 15, 1983, at about 3:00 p.m., Fleming drove south on the George Washington Memorial Parkway in northern Virginia. Witnesses estimated his speed at between 70 and 100 miles per hour. The speed limit was, at most points, 45 miles per hour. Several times he steered into the northbound lanes to avoid traffic congestion in his own lanes, and oncoming drivers had to move out of his way to avoid a head-on collision. At one point a pursuing police officer saw him drive in the northbound lanes, still at a high rate of speed, for the whole length of a raised concrete median that ran three-tenths of a mile. At two other points he drove in northbound lanes separated from the southbound lanes by medians. About six miles from where his car was first seen speeding, he lost control on a sharp curve. His car slid across the northbound lanes and struck the curb. It then straightened out and hit the car Mrs. Haley was driving in the opposite direction. Witnesses estimated his speed at impact at 70 to 80 miles per hour, where the limit was 30. Mrs. Haley died before she could be freed from her car. A hospital test put Fleming's blood alcohol level at .315 percent. The district court also admitted his driving record, which showed previous convictions for driving while intoxicated.

Issues

1. Can a homicide caused by driving, without any purpose to kill or injure, amount to murder, and did the facts here let a jury find malice aforethought?
2. Does the federal involuntary manslaughter statute bar a murder conviction for a killing by reckless or drunk driving?
3. Did the jury instructions on murder and manslaughter, or the admission of Fleming's driving record showing earlier drunk driving convictions, require reversal?

Holding

A killing by vehicle without any purpose to cause death or injury can be murder. Fleming's speeding, his driving in the oncoming lanes and his heavy intoxication were enough for the jury to find malice aforethought, and the manslaughter statute did not prevent a murder conviction.